JITUMONI DAS Vs. HIRAKJYOTI DAS

JUDGEMENT

(1.) This matrimonial appeal has been preferred by the appellant/wife against the Judgment dated 26.02.2015, passed by the Principle Judge, Family Court, Kamrup, Guwahati in F.C. (Civil) No. 519/2011, under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

(2.) The respondent/husband as the petitioner, namely, Sri Hirakjyoti Das filed the petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage by decree of divorce against the opposite party/wife (appellant herein), namely, Smt. Jitumoni Das. The petition has been allowed. The marriage has been dissolved by a decree of divorce. Aggrieved by the judgment and decree of divorce the wife has brought this appeal. Interim order dated 02.11.2018 was passed in I.A(C) No. 3661/2008 staying the judgment dated 26.02.2015 until further orders. The appeal was admitted on 26.11.2018 while confirming the earlier interim order dated 02.11.2018.

(3.) The case of the husband before the Family Court below is that he is employed as a drilling engineer in the ONGC and his place of posting revolves around various drilling sites of the ONGC. His nature of duty involves 14 continuous days of being engaged in the drilling site and thereafter he is entitled to 14 days off-duty period. At the relevant point in time, the husband was posted at Sarupathar drilling station under the Jorhat office of the ONGC. As the drilling site is almost 100 kms. away from the Jorhat town, instead of availing rental accommodation at Jorhat, the petitioner found it convenient to come back to Guwahati to his parental house upon completion of 14 days duty at the drilling site. The petitioner resides with his aged parents, his elder brother and his wife, together in the same house at Hengrabari, Guwahati. The marriage between the husband and the appellant-wife was solemnized on 02.11.2009 at Guwahati as per Hindu customs. After marriage, the husband and the appellant-wife started their conjugal life in the husband's house as the matrimonial home. Initially, the husband agreed to the appellant-wife's request to go to her parental house during the period for which the husband has to proceed to his place of employment. When the husband returns back home, the appellant/wife also comes back from her parental house. Because they were newly married, the husband had initially agreed to the request made by the appellant/wife. Subsequently, this became a routine affair and the appellant/wife insisted on going to her parental house for the entire period during which the husband leaves for his place of employment. The attempts made by the husband and his family members to dissuade the appellant/wife from repeatedly going to her parental house were completely disregarded by appellant/wife and this resulted in frequent quarrels between the husband and the appellant/wife. The further case of the husband is that the appellant wife never participated in the family gatherings nor did she extend any help towards the household chores. Because of the frequent quarrels and the unpleasantness that resulted between the husband and the appellant/wife, the husband was deprived of his conjugal life and biological needs. Such deprivation became a regular practice which led to the marital discord causing mental agony. The appellant/wife also falsely accused the husband of misbehaviour. On the contrary, it was the wife who frequently quarrelled with the parents-in-law and there was even an episode where she attempted to assault her mother-in-law. The appellant/wife also suspected the husband of having extra marital affairs with women at his work place. The appellant/wife was so suspicious of her husband's alleged extra marital affairs that she, accompanied by her mother and some other persons, visited the work place of the husband at Jorhat on 24.04.2011 and made enquiries about her husband from amongst his colleagues. Such behaviour of the appellant/wife degraded the husband's status/position at work before his colleagues. The appellant/wife further threatened the husband and his family members with criminal proceedings leading to the constant apprehension in the mind of the husband and his family members and which ultimately led to the father of the husband to suffer a stroke and get admitted to the Guwahati Medical College & Hospital. Efforts to reconcile the relationship between the husband and the appellant/wife did not yield any results. Since the 1st week of May, 2011 the appellant/wife has been staying in her parents' house without the consent of the husband.